ILNews

High court to hear challenge to tests admittance

IL Staff
December 21, 2009
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The Indiana Supreme Court has agreed to take the case of a man charged with drunk driving who challenges the admittance of two tests used to prove his intoxication.

The high court granted transfer Dec. 17 to Roger L. Brown v. State of Indiana, No. 12S02-0912-CR-560, in which the Indiana Court of Appeals affirmed Roger Brown's two convictions of Class D felony operating a vehicle while intoxicated resulting in bodily injury. Brown argued the trial court shouldn't have allowed evidence of his horizontal gaze nystagmus test or evidence of his blood draw because the state failed to lay a proper foundation for either test.

In its original opinion, and on rehearing, the Court of Appeals affirmed the admittance of the HGN test. The appellate court found the trial court abused its discretion in admitting Brown's blood draw because the state didn't establish that the lab technician who drew the blood collected it under the direction of or under a protocol prepared by a physician. The technician followed protocol she learned in school, not the hospital's blood sample lab protocol.

Despite finding his blood test couldn't be admitted, the Court of Appeals affirmed Brown's convictions because the state was able to prove he was intoxicated and his driving caused the victims' injuries.

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  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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